There are a few considerations with abandoned marks. First, what is the reason for abandonment? Here you say there is no statement of use filed which could mean that they never used the mark at all which would be good or that they just simply didn’t file the document, but are actually using the...Read more »
Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... Read more »
In the current climate of branding and merchandising, it is not uncommon for a popular book series to venture into the merchandise space. This merchandise will usually include at least t-shirts like those sold on harrypottershop.com. If you have found that the mark for the series of books is being...Read more »
This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service...Read more »
Because of their 180 day refund policy but the company says I would receive a certification in 1 yr and now this company isn’t answering calls, changed their email and phone number. How could I get my $ back? I purchased from a gift card I no longer have so I can’t go through the bank. PayPal... Read more »
You can learn all about trademark on US patent and trademark office's website. Or you can hire an attorney to do it for you to avoid mistakes because it takes 6 months to hear from the government. A mistake is very costly in time sense.
You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you...Read more »
An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.
A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration...Read more »
To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.
You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For...Read more »
Business names are not eligible for trademarks. If you are using the business name is used in association with produce or service, then you may be eligible for a trademark. You should consult a trademark attorney. I offer free consults. https://calendly.com/ahajiamospllc/15min
No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is...Read more »
My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the mark. I never... Read more »
It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress...Read more »
I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.
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